Editorial: A Significant First Step
While the ruling is welcome, how it will be implemented remains to be seen.
SPANISH VERSION
The abusive, indefinite detention of undocumented mothers and children in internment camps had to end. The new measures announced by the Department of Homeland Security (DHS) give these families the possibility to be released on bond, revising an unsustainable situation in a country that prides itself of being a champion of individual rights.
U.S. law does not generally offer undocumented people the rights and guarantees that residents enjoy, allowing for situations that would otherwise have been deemed illegal, including detentions and processes in front of immigration court. One of them is keeping in custody families and minors who have come into the country to escape violence in Central America.
Earlier this month, the Supreme Court decided that a law denying bail to undocumented suspects was unconstitutional. It was inconceivable that the U.S. Immigrations and Customs Enforcement agency (ICE) could keep refusing to offer bonds or fix them at inaccessible rates.
DHS Secretary Jeh Johnson said yesterday that the monetary amount of the bonds assigned to families should be set “at a level that is reasonable and realistic, taking into account their ability to pay.” Implementation of this criterion will allow thousands of individuals in the detained families to be released. According to government figures, 88% of the detained people have demonstrated that they have a credible or reasonable fear of returning to their country.
While the ruling is welcome, how it will be implemented remains to be seen. We have witnessed enough setbacks throughout the years regarding court interpretations and ICE law enforcement to be wary of this new turn. Actions will speak louder than words.
The DHS decision to acknowledge the situation of these detained undocumented people stands in strong contrast to the anti-immigrant narrative, which claims that the President’s executive actions endanger U.S. society by failing to stop undocumented criminals.
The reality of immigration today is reflected in the detained families, not in those fabricated fears. The new policy offering the possibility of release on bond is a significant step forward.
